Revised Acts
This Act
Download PDFs
On the eISB
Arterial Drainage Act 1945
Power to construct a substitute embankment.
32.—(1) Whenever the Commissioners are satisfied, in regard to an existing embankment in respect of which duties of repair and maintenance are imposed on them by virtue of a transfer order, that the construction of a new embankment on another site is necessary (in addition to or in substitution for such existing embankment) for the proper protection of the land or part of the land served by such existing embankment, it shall be lawful for the Commissioners to construct such new embankment on such site and according to such plans as they shall, after consultation with the Minister for Agriculture, consider suitable.
(2) For the purpose of the construction of a new embankment under the foregoing sub-section of this section, the Commissioners shall have power—
(a) to enter on the proposed site of such new embankment and there construct such new embankment and do all such things as shall, in their opinion, be necessary for or incidental to such construction, and
(b) to enter on any other land and there do such things as shall, in their opinion, be necessary for the purposes of the construction of such new embankment and, in particular, to take soil and other materials from such land, and
(c) to pay compensation for damage, whether permanent or temporary, to land occasioned by the exercise by the Commissioners of any of the powers conferred on them by the foregoing provisions of this sub-section.
F38[(3) In determining, under the Lands Clauses Acts, the right to or the amount of such compensation as is mentioned in subsection (2) of this section, the property arbitrator shall have regard to the benefit (if any) conferred on the claimant for such compensation or on his land by the construction of such new embankment.]
(4) F39[…]
(5) Where a new embankment is constructed by the Commissioners under this section in addition to or in substitution for an existing embankment, the powers and duties conferred or imposed on the Commissioners by or under this Part of this Act in relation to the maintenance of such existing embankment shall apply and extend to such new embankment.
Annotations
Amendments:
F38
Substituted (17.07.1995) by Arterial Drainage (Amendment) Act 1995 (14/1995), s. 11(4), commenced on enactment.
F39
Repealed (17.07.1995) by Arterial Drainage (Amendment) Act 1995 (14/1995), s. 15(a), commenced on enactment.
Modifications (not altering text):
C15
Functions transferred and title of Minister for Agriculture and Fisheries construed as Lands (8.02.1977) by Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order 1977 (S.I. No. 30 of 1977), arts. 3, 4(1)(e), subject to transitional provisions in arts. 5-8.
3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Lands.
(2) References to the Department of Agriculture and Fisheries contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Lands.
4. (1) The functions vested in the Minister for Agriculture and Fisheries by or under the following Acts are hereby transferred to the Minister for Lands:
...
(e) the Arterial Drainage Acts, 1945 and 1955,
...
The history of the Ministers concerned with Agriculture aspects of Act can be traced as follows:
• Functions transferred and title of Minister for Agriculture construed as Lands (9.04.1957) by Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order 1957 (S.I. No. 67 of 1957), in operation as per art. 1(2);
• Functions transferred and title of Minister for Lands construed as Agriculture (3.05.1965) by Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order 1965 (S.I. No. 83 of 1965), in operation as per art. 1(2);
• Title of Minister for Agriculture changed to Agriculture and Fisheries (6.07.1965) by Agriculture (Alteration of Name of Department and Title of Minister) Order 1965 (S.I. No. 146 of 1965).
• Functions transferred and title of Minister for Agriculture and Fisheries construed as Lands (8.02.1977) by Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order 1977 (S.I. No. 30 of 1997);
• Title of Minister for Lands changed to Fisheries (9.02.1977) by Lands (Alteration of Name of Department and Title of Minister) Order 1977 (S.I. No. 29 of 1977), in operation as per art. 1(2);
• Title of Minister for Fisheries changed to Fisheries and Forestry (15.07.1978) by Fisheries (Alteration of Name of Department and Title of Minister) Order 1978 (S.I. No. 195 of 1077), in operation as per art. 1(2);
• Title of Minister for Fisheries and Forestry to Tourism, Fisheries and Forestry (19.02.1986) by Fisheries and Forestry (Alteration of Name of Department and Title of Minister) Order 1986 (S.I. No. 40 of 1986), in operation as per art. 1(2);
• Title of Minister for Tourism, Fisheries and Forestry changed to Marine (19.03.1987) by Tourism, Fisheries and Forestry (Alteration of Name of Department and Title of Minister) Order 1987 (S.I. No. 82 of 1987), in operation as per art. 1(2);
• Title of Minister for Marine changed to Marine and Natural Resources (12.07.1997) by Marine (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 301 of 1997), in operation as per art. 1(2);
• Title of Minister for Marine and Natural Resources changed to Communications, Marine and Natural Resources (19.06.2002) by Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 (S.I. No. 307 of 2002), in operation as per art. 1(2);
• Title of Minister for Communications, Marine and Natural Resources changed to Communications, Energy and Natural Resources (20.10.2007) by Communications, Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2007 (S.I. No. 706 of 2007), in operation as per art. 1(2);
• Title of Minister for Communications, Energy and Natural Resources changed to Communications, Climate Action and Environment (23.07.2016) by Communications, Energy and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2016 (S.I. No. 421 of 2016), in operation as per art. 1(2);
• Title of Minister for Communications, Climate Action and Environment changed to Environment, Climate and Communication (24.09.2020) by Communications, Climate Action and Environment (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 373 of 2020), in operation as per art. 1(2);
• Title of Minister for Environment, Climate and Communication changed to Climate, Energy and the Environment (2.06.2025) by Environment, Climate and Communications (Alteration of Name of Department and Title of Minister) Order 2025 (S.I. No. 235 of 2025), in operation as per art. 1(2).